Indiana allows Tesla to keep selling its electric cars
This kind of coverage regards Tesla vs Dealerships in Indiana is encouraging-looking but it is misleading. The anti-Tesla bill was stripped of an amendment that was intended to soften the blow to Tesla and was passed to the legislature in full force.
There is an opportunity to fight it becoming an anti-Tesla law in the State of Indiana but make no mistake, the anti-Tesla bill that would reward Dealers with rights to a slice of Tesla's business in the State for nothing but benefit to dealers and competitors at Tesla and the Consumer's total cost has passed the House in Indiana. I.E. a total victory at this stage in proceedings for crony capitalism, bought politicians and corruption. Not an opportunity to celebrate or relax.
This is the same that happened in New Jersey, where in that case the corruption was passed by the Governor and eventually thwarted in the legislature. This has not been thwarted by the Indiana legislature yet and it will be a battle to ensure that it is.
They key point here in my opinion is that the entire discourse was conducted on the wrong footing and was not challenged effectively by Tesla's General Counsel Chen.
It is irrelevant to the Indiana Senate that Tesla needs to cut out the middleman to make a profit. Arguing for that which Chen basically did (regardless of the fact that he and others also made some good points too) deserves exactly the response Tesla got: Sure so would everyone else but they can't so why should Tesla and a bunch of Chinese that might follow your example have that special advantage against GM and others that play by the rules? Sounds fair right? That is how Tesla lost in Indiana.
GM can set up a wholly owned dealership in Indiana under Indiana State law as it currently stands - as long as its zoning does not compete with its existing independent dealerships. Obviously if GM tried to do that the independent dealers would argue that there is no zone far enough away from one of their locations where such a dealership would not end up competing unfairly for their business and they would be right about that. Tesla has a Dealer license in Indiana under the same law and of course they can prove that its zoning in no way interferes with the business an existing Independent Tesla Dealer Franchisee because there are none in Indiana nor anywhere else. There is no loophole and no exploitation on Tesla's part and there is definitely no argument that Tesla's operations is harmful to consumers in the form of dumping product on the market with nobody to take care of after-sales service which in Tesla's case, in Indiana, is running at a 99% satisfaction rate, vastly improving upon satisfaction levels typical for Franchised Dealer-based service in the State of Indiana or anywhere else. The current pre-HB1254 law in Indiana is working exactly as it should to protect a dealer's investment in the consumer market for a vehicle brand from unfair exploitation by that brand's OEM. In the case of Tesla the entire discourse SHOULD have been about defending consumers and Tesla's own investment in the consumer market for its own vehicle brand (in terms of marketing, sales and service) from unfair exploitation and anti-competitive practices by Franchised Dealers and their OEM's, remembering that the parties arguing for restrictions on Tesla's business are exactly those exploitative parties that State Franchised Dealer Laws were designed to defend smaller and more vulnerable businesses from: Namely GM and Ford. To forget that is to forget who the aggressor is and always has been in these matters.
Such a discourse mandates that the Anti-Tesla bill be defeated. Tesla did not argue this case. Had it done so Tesla would have won the argument convincingly. Whether Charmian Buck and Senators of the Indiana Senate or its legislature would be amenable to the inherent justice of this argument remains to be seen.
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Wow, we got another day-trader's morning dip, afternoon rally. Anyone think we'll see $200 before end of play? I think there's a chance.